Advice on matters of Austrian and Spanish civil law and in international matters (private international law)
Representation before Austrian and Spanish courts, as well as before European and international courts of law
Advising and supporting businesses (their founders) on a national and international level
Drafting of business agreements, including acquisitions (asset deals, share deals) and takeovers (M&A, MBO, etc.)
Foundation of business entities
Restructurings
Assumption of trusteeships/formation of trusts
Drafting of financing agreements (crowd funding agreements, etc.)
Drafting of framework or master agreements, supply agreements, consultancy agreements, cooperation agreements, etc.
Drafting of distribution agreements (agency agreements, dealership agreements, franchise agreements, etc.)
Drafting of general terms and conditions (GTC), terms and conditions of delivery, terms and conditions of purchase, terms and conditions of sale, etc.
Representation in legal and other proceedings to enforce contractual claims
Advice and support regarding decisions to be taken before and after commencement of business activities
Foundation of partnerships and companies
Offene Gesellschaften [general partnerships] – OG
Kommanditgesellschaften [limited partnerships] - KG
Gesellschaften mit beschränkter Haftung [limited liability companies] – GmbH
Aktiengesellschaften [stock corporations] - AG
Subsequent structuring, including
corporate restructuring measures, such as mergers, spin-offs and transformations
Formation of private foundations
Establishing associations
Establishing joint ventures (JV)
Assuming offices on corporate bodies, trusteeships, etc.
Overall coordination and collaboration with external consultants (tax advisors, chartered accountants, auditors, management consultants, financiers, banks, etc.)
Support and overall coordination when establishing partnerships/companies within and outside the EU and in the United Arab Emirates.
Representation in legal and other proceedings in the case of disputes between partners or shareholders, in Business Register matters, etc.
Drafting and review of any type of employment agreements (including employment contracts for managing directors, secondment agreements, assignment agreements, etc.) for employees and employers.
Safeguarding of employees’ or employers’ rights and enforcing or defending such rights in court.
Drafting of pre-marital agreements, representation in divorce by consent and contentious divorce cases, division of assets, maintenance law, visiting rights and custody cases, international divorce law, international child custody law, division of assets after cohabitation.
Drafting of statements or agreements under inheritance law (e.g. last will and testament, legacy, waiver of inheritance, donation agreements mortis causa, heirs’ agreements)
Advice on general inheritance law matters, the right to a compulsory portion of the estate, compulsory portion of a donation, etc.
Representation of heirs, persons entitled to a compulsory portion of the estate, legatees, etc. in probate proceedings
Representation in contentious and non-contentious legal proceedings (regarding title to an inheritance, distribution of an estate, augmentation of compulsory portions, etc.)
Assumption of trusteeships (acting as a court-appointed trustee of the estate [Verlassenschaftskurator]; representing the interests of minors instead of the legal representative in the case of conflicts of interest [Kollisionskurator])
Registrations in the Register of Last Wills and Testaments
tenancy/lease agreements under the Austrian Tenancy Act [Mietrechtsgesetz/MRG]
Drafting of tenancy/lease agreements - either fully or partially governed by the MRG
Amount of rent, compensation for tenant improvements
Adjustment of rent as defined in Section 12a MRG
Condominium contracts under the Austrian Statute on Condominium Ownership [Wohnungseigentumsgesetz/WEG]
Legal review of use value appraisals
Coordination and collaboration with external consultants (civil engineers, architects, etc.) in connection with the preparation or review of use value appraisals
Drafting of or amendments to condominium contracts
Establishing of condominium ownership
Representation in conflicts among condominium owners
Drafting and advice on matters in connection with tenancy/lease rights regarding property that is not subject to the MRG or the WEG.
Single-family houses
Holiday houses
Leasehold for agricultural purposes
Sports facilities
Representation in out of court proceedings (including before public authorities and/or conciliation boards) vis-à-vis tenants, landlords, condominium owners
Representation in contentious and non-contentious legal proceedings (e.g. maintenance measures under the MRG, contesting decisions under the WEG, actions for payment of rent, actions for eviction, etc.)
Advice and support in connection with the purchase or acquisition, donation or sale of real property and building projects
Drafting and review of condominium purchase contracts, real property purchase contracts (plot of land, single-family house, block of flats, etc.), real property donation contracts
Drafting of construction contracts and developer contracts under the Austrian Statute on Developer Contracts [BTVG]
Acting as a trustee under the BTVG
Assumption of trusteeships vis-à-vis banks and financiers (financing trusteeship, trusteeship to render the property free from encumbrances)
Self-calculation of land acquisition tax, registration fee and real estate income tax
Registration of contracts in the Land Register
Registration of title in the Land Register
Registration of liens in the Land Register
Registration of other rights (usufruct right, right to use the house or flat for residential purposes, prohibition to sell or encumber real property, etc.)
All trusteeships assumed by Austrian lawyers of sdh Rechtsanwälte will be processed in accordance with the provisions of the Lawyers’ Electronic Trusteeship Register of the Vienna Bar Association (see Charter of the Trusteeship Register)
Pre-registration research on trademarks (e.g. when developing a new logo, CI, etc.)
Application for registration of trademarks (national trademarks, European Union trademarks (formerly Community trademarks of the EU), international trademarks)
Drafting of contracts (trademark transfer agreements, licence agreements, use agreements, etc.) - nationally and internationally
Monitoring of registered trademarks
Representation in legal and other proceedings (protection of registered trademarks, enforcement or defence of claims under trademark law, etc.)
IT law/Telecommunications law
national and international legal framework (Telecommunications Act, etc.)
Drafting of contracts (service contracts or service level agreements, use agreements, cooperation agreements, etc.)
Data protection
Advertising and promotion
Representation before public authorities (Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR), Telekom Control Commission (TKK), telecommunications authorities, etc.)
Copyright law, proprietary rights, software law
Drafting of contracts (licence agreements, use agreements, etc.) - nationally and internationally
Representation in legal and other proceedings (enforcement of copyrights, defence of alleged copyright infringements)
Unfair trade practices
Review and assessment with a view to unfair trade practices
Representation in legal and other proceedings (enforcement, defence)
